State v. Slaughter
289 Ga. 344
Ga.2011Background
- Frederick Slaughter was convicted in 1994 of multiple felonies, including armed robbery, attempted murder, and possessing a firearm by a felon for a 1993 Douglas County bank robbery.
- He was sentenced as a recidivist to life imprisonment plus additional years, all without parole.
- The State used Slaughter’s three prior felonies to prove the firearm possession by a felon under OCGA § 16-11-131.
- Slaughter moved to vacate his sentence, arguing one or more priors had already been “used up” under King v. State to enhance under OCGA § 17-10-7(c).
- The Court of Appeals vacated and remanded for resentencing, adopting King’s logic in this context.
- The Georgia Supreme Court reversed, holding King is not applicable when sentencing under OCGA § 17-10-7(c) after a firearm possession conviction, and affirmed that the sentence under § 17-10-7(c) can be imposed without eviscerating the § 16-11-131 range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether King applies when firearm possession and sentence enhancement occur in the same case. | Slaughter argues King bars using a single prior to both convicting under §16-11-131 and enhancing under §17-10-7(a) | State contends King is distinguishable and cannot bar §17-10-7(c) enhancement where there are three priors | King not applicable; §17-10-7(c) valid with three priors and does not eviscerate §16-11-131 |
Key Cases Cited
- King v. State, 169 Ga.App. 444, 313 S.E.2d 144 (1984) (prior conviction used for firearm possession cannot be used to enhance under §17-10-7(a))
- Walker v. Hale, 283 Ga. 131, 657 S.E.2d 227 (2008) (limits of King to those scenarios where the same prior is used for both conviction and enhancement)
- Blevins v. State, 270 Ga.App. 388, 606 S.E.2d 624 (2004) (application of §17-10-7(c) permits sentence up to five years for firearm possession when priors exist)
- Scott v. State, 248 Ga.App. 542, 545 S.E.2d 709 (2001) (recognizes §17-10-7(c) discretion and non-evisceration of §16-11-131 range)
- Campbell v. State, 279 Ga.App. 331, 631 S.E.2d 388 (2006) (disapproved to the extent it reads King as mandatory for §17-10-7(c) cases)